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MEDICAL MARIJUANA: JUDGE SUSPENDS ADMINISTRATION’S EFFORTS

A federal judge issued a temporary restraining order Friday "preventing federal authorities from prosecuting or taking license action against doctors who recommend or suggest marijuana to their patients." U.S. District Judge Fern Smith said that the federal policy "was unclear as to the distinction between doctors 'discussing' and 'recommending' medical marijuana, leaving many uncertain about what they can legally say to their patients." The ruling comes in response to a suit filed by a group of San Francisco-area doctors, who charged that the government's policy of punishing doctors for recommending medical marijuana violated their constitutional right to free speech and interfered with doctor-patient relationships. SAN FRANCISCO EXAMINER reports that Smith's ruling will stay in effect "until attorneys from both sides complete a settlement conference April 17 before U.S. District Judge Eugene Lynch or until" Smith issues further rulings. ALL IN FAVOR: Ann Brick, an attorney for the American Civil Liberties Union, said that the ruling means that, for the time being, doctors can give "patients 'honest, uncensored advice' regarding a range of medical options that are available" (Lat, 4/12). Graham Boyd, the plaintiffs' attorney, said, "The federal government, as part of its war on drugs, had declared war on California doctors. Now, they no longer need to fear draconian federal punishments for recommending marijuana." However, Patricia Seitz, legal counsel for the White House Office of National Drug Control Policy, "said the government respected the right of doctors to discuss the benefits and hazards of treatments with their patients. But it opposes any effort by physicians to help them obtain illegal drugs" (Golden, NEW YORK TIMES, 4/12).

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